Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Marriage of Garrels

Court of Appeals of Iowa

November 6, 2019

IN RE THE MARRIAGE OF ERINN GARRELS AND CHRISTOPHER GARRELS Upon the Petition of ERINN GARRELS, Petitioner-Appellant, And Concerning CHRISTOPHER GARRELS, Respondent-Appellee.

          Appeal from the Iowa District Court for Clinton County, Stuart P. Werling, Judge.

         Petitioner appeals the district court's calculation of the parties' obligation for their child's postsecondary education expenses.

          David M. Pillers of Pillers & Richmond, DeWitt, for appellant.

          Brian P. Donnelly of Mayer, Lonergan & Rolfes, Clinton, for appellee.

          Considered by Potterfield, P.J., and Doyle and Schumacher, JJ.

          SCHUMACHER, JUDGE.

         Erinn Garrels appeals the district court's calculation of the parties' obligation for their child's postsecondary education expenses. We affirm the district court's decision requiring the parents to contribute to the child's postsecondary education expenses but modify to increase each parent's obligation to $9352.

         I. Background Facts & Proceedings

         Erinn Garrels and Christopher Garrels were previously married and are the parents of a child born in 2000. The parties' dissolution decree, filed on September 9, 2013, provided, "The Court reserves jurisdiction toward either parent to pay a post-secondary education subsidy if good cause is established pursuant to Iowa Code section 598.1(9) [(2013)] pertaining to post-secondary education subsidies."

         On August 30, 2018, Erinn filed a petition to modify the dissolution decree to provide for a postsecondary-education subsidy for the child. The child turned eighteen years old and began attending Iowa State University in 2018. The published estimated cost of attendance at Iowa State was $21, 402 for the 2018-19 school year. Erinn testified the cost of attendance should be $28, 746, to include a computer, transportation, health insurance, and other expenses. The child received a grant or scholarship of $1380 and student loans of $5500 for the school year. Each parent has sufficient income to contribute to the child's college expenses. Erinn earns $82, 000 per year, and Christopher earns $72, 000.

         The district court found the total cost of attending Iowa State was $28, 056 per year. The court determined the child's contribution was $5500. per year, leaving a balance of $22, 556. The court divided this amount in thirds, requiring Erinn, Christopher, and the child to each contribute $7, 518.67 per year in postsecondary education expenses.

         Erinn filed a motion pursuant to Iowa Rule of Civil Procedure 1.904(2), asking the court to provide for healthcare and to allocate the tax exemption for the child. The court determined Christopher should provide health insurance for the child and the tax exemption should be awarded to Erinn. Erinn now appeals the court's calculation of the parties' obligation for the child's post-secondary education expenses. Erinn did not raise this issue in her rule 1.904(2) motion.

         II. Standard of Review

         In this equitable action, our review is de novo. In re Marriage of Vaughan, 812 N.W.2d 688, 692 (Iowa 2012). We give weight to the fact findings of the district court but are not bound by these findings. Iowa R. App. P. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.